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Licensing & Training Consultants

Notices

This "Guide to Notices Displayed at Licensed Premises" provided with the express permission of Poppleston Allen Licensing Solicitors.

 

Licensing Act 2003

 

1) The Premises Licence summary (or a certified copy) must be prominently displayed at or on the premises concerned.

 

2) The premises licence holder must display a notice at the premises specifying the position held at the premises by any person nominated to keep the Premises Licence or certified copy under their control.

 

3) As a result of the mandatory conditions on all Premises Licences introduced in October 2010, the following drinks if sold or supplied on the premises must be available in the following measures:

 

 beer or cider - half pint

 gin, rum, vodka or whisky - 25ml or 35ml (it is not permitted to have 25 and 35 ml on the same premises)

 still wine in a glass - 125ml

 

As well as making the drinks available in the above measures, customers must be made aware of the availability of these measures - for example, by making their availability clear on menus and price lists, and ensuring that these are displayed in a prominent place in the relevant premises (e.g. at the bar).

 

The above condition does not apply if the drinks in question are sold or supplied having been made up in advance ready for sale or supply in a securely closed container.

 

 

Weights and Measures

 

If you sell wine by the glass in 125 ml, 175 ml and 250 ml measures, the measures offered for sale must be indicated in a written notice visible to customers before they order or in the menu and wine list if separate.

 

It is only necessary to display the price, in a clear legible notice, of one measure of wine by the glass if the others offered for sale are proportionate in price, or to display the price of any that are not proportionate. However, please note the requirements under the mandatory conditions to make customers aware of the availability of 125ml measures.

 

The Weights and Measures (Intoxicating Liquor) Order 1988

 

 

The Consumer Protection from Unfair Trading Regulations 2008

 

The law on this was changed a few years ago with the introduction of The Consumer Protection from Unfair Trading Regulations 2008. This resulted in the repeal of the Price Marking (Food and Drink Services) Order, which specifically covered price lists and their display in considerable detail.

 

Under The Consumer Protection from Unfair Trading Regulations 2008 there is now a general obligation on traders to give sufficient information to customers at the point of sale, so that they are not misled on prices. This is far less specific than before, so, for example trading standards cannot invoke any legislation saying exactly where the price list should be. They can, however, suggest that you are not giving enough information or it is not prominent enough in the bar – see above note.

 

Menus and price lists must include all material information required by an average consumer to make an informed choice- such as the name (and possibly the brand), strength, price along with the trader's identity and name of the establishment which are generally given on the menus/price lists. Your prices must include VAT. It must also be made clear if you have a compulsory service charge, a cover charge or a minimum charge. Therefore, providing the nature of spirits in a manner which is unclear or failing to provide the price in a timely fashion before a transactional decision is made may amount to a misleading omission. For example, the prices of the drink available should be given to consumers before they order.

 

How or where you display the information required above is not prescribed but it should be clear and easily readable by the average consumer. When the information is provided, it is important to enable a consumer to make an informed decision before they are committed to a purchase. Bars should show the price list at the bar where orders are taken. In cafes and restaurants, the prices can be marked in menus or price lists. So that consumers are informed from the outset, prices should be displayed in your window or the entrance to your premises

 

To fail to show all or part of the information necessary, or to provide misleading information, may be regarded as an unfair trading practice and constitute an offence.

 

 

Company name

 

Every company must display a sign with its registered name at:

 

its registered office;

 

any inspection place, namely, where a company keeps available for inspection any company records listed under section 221(1) and (2) Companies Act 1985;

 

at any location at which it carried on business (unless it is primarily used for living accommodation).

 

You must display a sign with your company name:

 

in characters that can be read with the naked eye;

 

in such a way that visitors to that office, place or location may easily see it;

 

so that it can be seen at any time, i.e. not only during business hours;

 

continuously, but if the location is shared by six or more companies, each such company is only required to display its registered name for at least fifteen continuous seconds at least once in every three minutes.

 

The Companies (Trading Disclosures) Regulations 2008.

 

 

Price of accommodation

 

Any additional charges on the prices shown for accommodation must be shown. Any misleading action or omission is an offence.

 

Consumer Protection from Unfair Trading Regulations 2008.

 

 

CCTV

 

You must let people know that they are in an area where CCTV surveillance is being carried out.

 

Signs should:

 

be visible and readable by members of the public;

 

contain details of the organisation operating the system, the purpose for using CCTV and who to contact about the scheme (where these things are not obvious); and

 

be an appropriate size according to the circumstances.

 

Data Protection Act 1998 and Information Commissioner’s Office

 

 

Alcohol by Volume (ABV)

 

A declaration of the alcohol by volume (ABV) is necessary, as part of the name of alcohol, in order to indicate the true nature and distinguish one type of alcoholic drink from another.

 

Under the Food Labelling Regulations 1996 for example, the name of one beer is in essence the same as another without a declaration of ABV. A brand name may not legally be substituted for the name of a food so whilst customers might tell one beer from another by the brand name, this is not sufficient for the Regulations.

 

The usual ways to make the declaration are either to mark the ABV alongside the particular alcoholic drink on the price list, or mark the pump.

 

In the case of pre packed alcoholic drinks every drink with an alcoholic strength by volume of more than 1.2 per cent must be marked or labelled with its alcoholic strength by volume.

 

Food Labelling Regulations 1996

 

 

Health and Safety Law

 

If a premises employs anyone, they must display the health and safety law poster, or provide each employee with a copy of the equivalent pocket card. They must display the poster where their employees can easily read it.

 

The Health and Safety Information for Employees Regulations 1989

 

 

Health and Safety Policy Statement

 

A Health and Safety Policy statement sets out how a Company manages health and safety within their workplace. It demonstrates the organisations attitude towards health and safety and the steps, arrangements and systems the company has in place to ensure compliance with health and safety legislation. The health and safety policy statement should be displayed in a prominent position where employees can easily read it.

 

Health and Safety at Work Etc Act 1974

 

 

Employers Liability Insurance Certificate

 

This must state clearly the minimum level of cover provided and the companies covered by the policy. The premises must display a copy of the certificate of insurance where their employees can easily read it. Since 1 October 2008 they have been allowed to display the certificate electronically. Employers choosing this method need to ensure their employees know how and where to find the certificate and have reasonable access to it.

 

Employers' Liability (Compulsory Insurance) Act 1969

 

 

Further recommendations:

 

Although the following is not a legal requirement, in light of a growing trend for Authorities to request sight of written ages verification policies and an authorisation form to sell alcohol signed by the DPS. We advise that premises ensure these documents are available, updated where necessary and fully completed.

 

Each site should also review their Premises Licence conditions to ensure compliance with any specific conditions relating to the display of additional notices.

 

If strobe lighting is used, signage should be erected to advise customers of strobe use

 

 

 

 

 

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